✨ Foreshore Licenses
Aug. 19.] THE NEW ZEALAND GAZETTE. 2943
Act, 1908, and includes any officer, person, or authority | the foreshore and land below low-water mark at Waiwawa
acting by or under the direction of such Minister.
2. The concessions and privileges conferred by this Order River, Mercury Bay, as shown on plans marked M.D. 632,
in Council shall extend and apply only to the part of the 648, and 649, and deposited in the office of the Marine De-
foreshore and land below low-water mark necessary for the partment at Wellington, in order to erect thereon timber-
erect on of the said boat-shed and slip, as shown on the plan booms, as shown on the plans so deposited as aforesaid, for
marked M.D. 4468. a term of fourteen years, computed from the twenty-second
day of August, one thousand nine hundred and one:
And whereas, the said license having expired, the com-
pany has made application for a fresh license under the
Harbours Act, 1908 (hereinafter called "the said Act"),
for a term of seven years, computed from the expiry of the
3. In consideration of the concessions and privileges term of the above-mentioned license, and it is expedient to
granted by this Order in Council, the licensee shall, on grant the same for the term and subject to the conditions
being supplied with a copy thereof, pay to the Minister the hereinafter expressed:
sum of £2 10s., and thereafter an annual sum of £1 in advance,
dating from the date hereof, the first of such annual payments Now, therefore, His Excellency the Governor of the
Dominion of New Zealand, in pursuance and exercise of
the power and authority vested in him by the said Act, and
to be made on the licensee being supplied with a copy of this of all other powers and authorities enabling him in that
Order in Council. behalf, and acting by and with the advice and consent of
the Executive Council of the said Dominion, doth hereby
approve of the purpose or object for which the said license
is required by the company as aforesaid; and, in further
pursuance and exercise of the said power and authority,
and with the like advice and consent as aforesaid, doth
hereby license and permit the company to use and occupy
that part of the foreshore, and land below low-water mark
immediately contiguous thereto, which is particularly
shown and delineated on the plans so deposited as afore-
said, for the purpose of using the aforesaid timber-booms in
connection therewith, such license to be held and enjoyed
by the company upon and subject to the terms and con-
4. His Majesty or the Governor, and all officers in the ditions set forth in the Schedule hereto.
Government service acting in the execution of their duty,
shall at all times have free ingress, passage, and egress into,
through, and out of the said boat-shed and slip without
payment.
5. The licensee shall maintain the above-mentioned boat-
shed and slip in good order and repair.
6. Any person authorized by the Minister may at all
reasonable times enter upon the said boat-shed and slip and
view the state of repairs thereon; and upon such Minister
leaving at or posting to the last known address of the licensee
a notice in writing of any defect or want of repair in such
structures, or any of them, requiring him, with a reasonable
time, to be therein prescribed, to repair the same, he shall
with all convenient speed cause such defect to be removed
or such repairs to be made.
7. Nothing herein contained shall authorize the licensee
SCHEDULE.
to do or cause to be done anything repugnant to or incon-
sistent with any law relating to the Customs, or any regula-
tion of the Minister of Customs, or with any provisions of
the Harbours Act, 1908, or its amendments, or any regula-
tions made thereunder, and that are now or may hereafter
be in force.
8. The rights, powers, and privileges conferred by or under
this Order in Council shall continue in force for the term of
fourteen years computed from the date thereof, unless such
rights, powers, and privileges are sooner altered, modified,
or revoked by competent authority; and the licensee shall
not assign, charge, or part with any such right, power,
or privilege without the previous written consent of the
Minister.
9. The said rights, powers, and privileges may be at any
- In these conditions the term "Minister" means the
time resumed by the Governor, without payment of any Minister of Marine as defined by the Shipping and Seamen
compensation whatever, on giving to the licensee three Act, 1908, and includes any officer, person, or authority
calendar months' previous notice in writing. Any such acting by or under the direction of such Minister.
notice shall be sufficient if given by the Minister and de-
livered at or posted to the last known address of the licensee. - In case the licensee
(1.) Commits or suffers a breach of the conditions herein-
before set forth, or any of them;
(2.) Ceases to use or occupy the said boat-shed and slip; or
(3.) Becomes bankrupt or is brought under the operation
of any law in force for the time being relating to
bankruptcy,
then and in any such case this Order in Council, and every
license, right, power, or privilege thereby conferred, may be
revoked and determined by the Governor in Council, without
any notice to the licensee or other proceeding whatsoever;
and publication in the New Zealand Gazette of an Order in
Council containing such revocation shall be sufficient notice
of the fact to the licensee, and to all persons concerned or
interested, that the license, rights, and privileges hereby
conferred have been revoked and determined. - The erection of the said boat-shed and slip shall be
sufficient evidence of the acceptance by the licensee of the
terms and conditions of this Order in Council.
J. F. ANDREWS,
Clerk of the Executive Council.
Licensing the Kauri Timber Company (Limited) to use and
occupy a Part of the Foreshore and Land below Low-
water Mark of the Waiwawa River, Mercury Bay, as a
Site for Timber-booms.
LIVERPOOL, Governor
ORDER IN COUNCIL.
At the Government House at Wellington, this sixteenth day
of August, 1915.
Present:
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.
WHEREAS by Order in Council dated the twenty-
second day of August, one thousand nine hundred
and one, and published in the New Zealand Gazette No. 80,
of the twenty-ninth day of the same month, the Kauri
Timber Company (Limited), of Auckland (hereinafter called
"the company"), was licensed to use and occupy a part of - The concessions and privileges conferred by this Order
in Council shall extend and apply only to that part of the
foreshore and land below low-water mark occupied by the
said booms, as shown on plans marked M.D. 632, 648, and - In consideration of the concessions and privileges
granted by this Order in Council the company shall, on
being supplied with a copy thereof, pay to the Minister the
sum of £2 10s., and thereafter an annual sum of £5 in
advance, payable on the 1st day of August, dating from the
1st day of August, 1915, the first of such annual payments to
be made on the company being supplied with a copy of this
Order in Council. - His Majesty or the Governor, and all officers in the
Government service acting in the execution of their duty,
shall at all times have free ingress, passage, and egress into,
through, and out of the said booms without payment. - The company shall maintain the above-mentioned
booms in good order and repair, and shall at all times
exhibit therefrom and maintain at its own cost suitable and
necessary lights for the guidance of vessels; provided that
no light shall be exhibited until after it has been approved of
by the Minister. - Any person authorized by the Minister may at all rea-
sonable times enter upon the said booms and view the state
of repair thereof; and upon such Minister leaving at or
posting to the last known registered office of the company
in New Zealand a notice in writing of any defect or want
of repair in such booms, requiring it, within a reasonable
time, to be therein prescribed, to repair the same, it shall
with all convenient speed cause such defect to be removed or
such repairs to be made. - Nothing herein contained shall authorize the company
to do or cause to be done anything repugnant to or incon-
sistent with any law relating to the Customs, or any regula-
tion of the Minister of Customs, or with any provisions of
the Harbours Act, 1908, or its amendments, or any regula-
tions made thereunder, and that are now or may hereafter
be in force. - The rights, powers, and privileges conferred by or under
this Order in Council shall continue to be in force for seven
years from the first day of August, one thousand nine hun-
dred and fifteen, unless in the meantime such rights, powers,
and privileges shall be altered, modified, or revoked by com-
petent authority; and the company shall not assign, charge,
or part with any such right, power, or privilege without
the written consent of the Minister first obtained. - The said rights, powers, and privileges may be at any
time resumed by the Governor, without payment of any
compensation whatever, on giving to the company three
calendar months' previous notice in writing. Any such
notice shall be sufficient if given by the Minister and de-
livered at or posted to the last known registered office of the
company in New Zealand. - The company shall be liable for any injury which the
said booms may cause any vessel or boat to sustain through
any default or neglect on its part.
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Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 1915, No 98
NZLII —
NZ Gazette 1915, No 98
✨ LLM interpretation of page content
🏗️ License for Kauri Timber Company to Use Foreshore at Waiwawa River
🏗️ Infrastructure & Public Works16 August 1915
Foreshore license, Timber-booms, Waiwawa River, Mercury Bay
- J. F. Andrews, Clerk of the Executive Council
- Liverpool, Governor